1 General 1.1 Software These Support Terms apply to the following software programs: CRS Software Cropping, CRS Software Dairy, CRS Software Livestock and CRS Software Horticulture (individually, in these Support Terms, “Software”), and form part of the Licence and Support Agreement that you agreed to when you installed the Software (“Agreement”). 1.2 Entitlement to receive Support Services You are entitled to receive the services and Releases set out in sections 2 to 4 of these Support Terms (“Support Services”) only if you have a current one-year support club subscription for those Support Services or if you are using the Software under a current Annual Licence. For the avoidance of doubt, an Annual Licence is current during the period for which you have paid the relevant annual licence fee. If neither of these circumstances apply, you may purchase the help desk service on a casual basis (see section 5 below). 1.3 First 12 months When you purchase a Perpetual Licence to use the Software you receive a one-year subscription to the support club as part of the licence fee. Prior to the first anniversary of the purchase you will be invited to continue your support club subscription. There is no entitlement to receive Support Services once a support club subscription has lapsed. For the first 12 months you are also entitled to receive upgrades made available as a general release. 2 Upgrade Service 2.1 Minor Releases Minor Releases (for example, bug fixes) will be made available on the CRS Software website. 2.2 Must install Releases You must, at the earliest reasonable opportunity, install any Release that is made available by CRS Software (including via the CRS Software website). 3 Help Desk and Problem Resolution Services 3.1 Help desk service CRS Software will provide a help desk that you can ring or email to get general assistance with the routine use of the Software and for reporting problems with the Software. The help desk is available during these hours: Monday to Friday: 8:30am - 7:00pm (New Zealand time, but not on New Zealand public holidays.) 6:30am - 5:00pm Australian Eastern Time 3.2 Problem resolution service CRS Software will use its reasonable endeavours to resolve problems with the Software that have been reported to the help desk and that prevent use of the Software substantially in accordance with the then current user manual released by CRS Software. The time that will be spent assisting you is at CRS Software discretion. CRS Software reserves the right to resolve a problem in any future Release. 3.3 Conditions The help desk and problem resolution services set out in this section 3 are made available to you only if you are: 3.3.1 registered with CRS Software as the licensee of the Software; 3.3.2 running the latest Release of the Software; and 3.3.3 using a PC that is running Windows XP, or Windows Vista. 3.4 Sending data files To help resolve your problems CRS Software may suggest that you send a copy of your data file to CRS Software , either by email or by post. As agreed in the Agreement, CRS Software is not responsible for the security of any data files. CRS Software recommends that you protect your data files with a password before emailing or posting them. Note that password protection does not guarantee the security of data files. 3.5 Advice CRS Software is not in the business of giving tax, accounting, or farm management advice. In the event that CRS Software provides such advice, you should not rely on it and CRS Software accepts no liability if you do. 3.6 Your assistance You must provide all of the access, facilities, information, cooperation and assistance that CRS Software may reasonably require to fulfil its obligations under the Agreement, including these Support Terms. 3.7 No obligation to provide Support Services CRS Software is not obliged to provide you with Support Services if the problem you are experiencing is caused by loss of your software programs or loss of data, any other person’s software, product or services, or your negligence, misuse, or failure to comply with the Agreement, including these Support Terms. 3.8 Additional charge CRS Software is entitled to charge an additional fee, at its then standard rates, for any services it provides to you in relation to any exclusions set out in section 3.7, or in relation to any services it provides in addition to those set out in sections 2 to 4. For the avoidance of doubt, this section 3.8 does not oblige CRS Software to provide any services. All additional fees, including under section 4.2, must be paid within 30 days of the date of the relevant invoice from CRS Software. 4 Backup Service 4.1 Backup service You may email a backup of your Software data to the CRS Software archive. When the backup is received by the archive you will receive a confirmation email. 4.2 Fees You may submit backups to the archive free of charge. If you want to retrieve an archived backup you may contact the help desk to request the backup to be emailed to you. You may make one such withdrawal from the archive each year free of charge. After that, CRS Software will charge $25 (plus GST) per withdrawal request. 4.3 Keep your own backups If you use the backup service you must also maintain your own additional backups necessary to quickly, accurately, and independently replace any of your data that is lost or damaged for any reason. If your data is deleted or has become corrupted CRS Software may, at its complete discretion, use its reasonable endeavours to recover the data but does not guarantee a successful result. In this situation, reverting to the most recent backup may be required. CRS Software is not liable for any costs that you incur because data has to be re-entered or is lost or corrupted. 4.4 Retention of backups If you are no longer entitled to receive Support Services (for example, because your support club subscription has lapsed) CRS Software is not required to retain your backups in the archive. 5 Casual Support 5.1 Casual support CRS Software offers the help desk service set out in section 3.1 to you on the casual basis described in sections 5.2 and 5.3 if you are not otherwise entitled to receive Support Services. 5.2 New Zealand In New Zealand, you can access the help desk service by dialling the 0900 support phone number. You will be advised of the per minute rate for the service and will be given the opportunity to discontinue the call without charge. 5.3 Australia In Australia, you can access the help desk service by dialling the Australian support phone number. If you are calling within Australia there will be a AUD $25 (plus GST) charge per incident, payable by credit card before the service is provided.